Reference No: IC/UNDP/REDD+/097/2014
Country: Indonesia
Description
of the assignment: Support Specialist for Rights to Business
Utilization (HGU) Assessment and Legislation Reform (National, 1 post)
RE-ADVERTISED
Project name: REDD+
Period of assignment/services (if applicable): August to December 2014
CLOSING DATE: 11 AUGUST 2014
I. Background
Context of the REDD+ initiative:
Indonesia
is the third largest emitter of
carbon dioxide (CO2) and the world’s largest emitter from agriculture,
forestry and other land use. Over the past five years, Indonesia’s
annual deforestation rate has averaged around 1 million hectares, which
contributes to an estimated 87 percent of Indonesia’s annual emissions.
In response to this situation, in 2009, President Susilo Bambang
Yudhoyono, made a voluntary commitment to the world to reduce emissions
as much as 26 percent under a business-as-usual scenario or up to 41
percent with international support by 2020.
According
to the Second National Communication from Indonesia to the UNFCCC,
Indonesia is expected to emit around 2.9 million metric tons (gigatons)
by 2020 under the business-as-usual scenario. A commitment to reduce
that amount by 26 percent would mean a reduction of 0.8 gigatons, while
41 percent would amount to a reduction of 1.2 gigatons. A reduction from
an
expected 2.9 to 1.7 gigatons by 2020 is a challenging commitment for a
country aiming to maintain its 7 percent annual growth rate.
Nevertheless, this commitment has been translated into a comprehensive
National Action Plan known as RAN-GRK (PP 61/2011).
The
National Action Plan for the Reduction of Green-house Gas Emissions
(RAN-GRK) estimates that 87 percent of the emission-reduction target -
approximately 1 gigaton - relates directly to the forestry and peat land
sectors and, to address this, the government has adopted an incentive
mechanism to improve management of the country’s vast forest resources
while supporting climate-change mitigation. This mechanism, known as
REDD+ (Reducing Emissions from Deforestation and Forest Degradation),
has five primary objectives: (a) reduction of deforestation; (b)
reduction of forest degradation; (c) conservation of carbon stocks; (d)
sustainable forest management; and (e) enhancing
carbon stocks.
On 26 May 2010 the Governments
of Indonesia and Norway signed a Letter of Intent (LoI) to establish a
REDD+ Partnership. The first phase of this REDD+ Partnership (Phase 1)
was to establish an agency with the capacity to implement and manage
REDD+ projects initially in the pilot province Central Kalimantan and
progressively in other priority provinces across Indonesia. A Task Force
(Satuan Tugas, Satgas) was established to support this initial phase
and, as of June 2013 at the end of the Task Force’s mandate, the
following progress was achieved:
• Drafting of an
integrated Presidential Regulation regarding the establishment of a
REDD+ Agency and governance of REDD+ in Indonesia;
• Finalisation of a REDD+ National Strategy (Stranas) and development
of Provincial Strategies and Action Plans (PSAPs) for the eleven priority provinces;
•
Agreement on, and legal basis for, the structure and
operations of a REDD+ Financial Instrument (FREDDI); its implementation
awaits the establishment of the REDD+ Agency and the subsequent release
of funding for Phase 2 of the LoI;
• A methodology
for the structure and Standard Operating Procedures (SOPs) of the MRV
technical unit; while international standards and an
international/national REDD+ registry remain in development, the unit is
ready for mobilisation following the establishment of the REDD+ Agency;
•
Legal review of regulatory requirements related to REDD+
implementation in particular land tenure, forest and peat-land
governance, forest monitoring and law
enforcement, consolidation of land concessions, and a Moratorium on all
new concessions for conversion of peat and natural forest in Indonesia;
and
• Successful implementation of a wide range of
projects by the REDD+ Task Force in the pilot province Central
Kalimantan with a focus on developing an operational capacity and an
enabling environment for REDD+ projects.
These
achievements have prepared a basic foundation for a future REDD+
national programme that aims to address the emission-reduction target
for the forestry and peat-land sectors and the national long-term goals
associated with sustainable economic development and poverty reduction.
Context of this ToR:
As
the REDD+ Task Force has ended its mandate in June 2013, the second
phase
of the Indonesian-Norway partnership commenced. Through Presidential
Regulation No. 62 Year 2013, the President has announced the
establishment of REDD+ Agency in Indonesia. In the initial phase, the
Working Group of Legal Review and Law Enforcement of REDD+ Task Force
had conducted several programs and activities in relations to diagnostic
assessment on the management and issuance of HGU (Rights to Business
Utilization) for plantation companies, legislation reform, and conflict
resolution for national parks.
The programs and activities
aforementioned should be continued up to December 2014, and to ensure
that they are well implemented, it is important to immediately hire
Legal Review and Law Enforcement Working Group Support Consultant for
Rights to Business Utilization (HGU) Assessment and Legislation Reform,
which will be stationed in Jakarta.
Objectives of Assignment:
a)
To conduct diagnostic assessment on the management and issuance
of the rights to business utilization (HGU) for plantation company;
b)
To conduct the legislation reform and to coordinate with the of
conflict resolution in regards with rights to business utilization;
c) To supervise and to be responsible for the process of the development of database system on regulations.
II. SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK
Scope of work:
• Arranging meeting between REDD+ Agency, UKP4 with National Land Agency in relations with
Rights to Business Utilization (HGU) Assessment and Legislation Reform;
•
Developing draft of Minister of Law and Human Rights Decree
on the establishment of the team for the finalization of the road map on
legislation reform to improve forest and peat land governance.
• Supporting the development of bill of government regulations on land registration and land rights.
III. REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS
I. Academic Qualifications:
Bachelor
degree, with 3 years of experience in working on legal due diligence
e.g. reviewing business licenses of the company, preferably oil/gas
companies and/or plantation.
II. Experience:
•
Experience in conducting diagnostic assessment on the
management and issuance of HGU (Rights to Business Utilization) for
plantation companies, legislation reform, and conflict resolution for
national parks.;
• Knowledge on the issues of
environment and community development. Knowledge on REDD+ would be an
advantage but not essential;
• Ability to produce (bilingual) written material, targeting a wide-range of stakeholders;
• Ability to understand the differences and similarities of a wide range of social groups.
•
Sound experience in managing a team and conducting on the
management and
issuance of HGU (Rights to Business Utilization) for plantation
companies, legislation reform, and conflict resolution for national
parks
III. Language Requirements:
Fluent in spoken English and Bahasa Indonesia.
IV. Competencies:
Corporate Competencies:
• Demonstrates integrity by modelling the corporate’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of organization;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability; and
• Treats all
people fairly without favouritism.
Functional Competencies:
Knowledge Management and Learning:
•
Promotes knowledge management in organization and a learning
environment in the office through leadership and personal example; and
•
Actively works towards continuing personal learning and
development in one or more practice Areas, acts on learning plan and
applies newly acquired skills.
• Development and Operational Effectiveness:
• Ability to conceptualise issues and analyse data;
Ability to coordinate the work of others;
• Ability to implement new systems (business side), and affect staff behavioural/attitudinal change;
• Good knowledge of Results Management Guide and Toolkit; and
• Ability to demonstrate good knowledge on Climate Change and/or REDD+ issues.
• Management and Leadership:
•
Builds strong relationships with clients, focuses on impact
and result for the client and responds positively to feedback;
• Consistently approaches work with energy and a positive, constructive attitude;
• Demonstrates openness to change and
ability to manage complexities;
• Leads teams effectively and shows mentoring as well as conflict resolution skills; and
• Demonstrates strong oral and written communication skills.
Other Requirements:
•
In addition to the scope and output, the incumbent will be
required to undertake other ad hoc tasks that may arise during the
contract period. These tasks should not impede on the incumbent’s
ability to meet contractual obligations/deliverables.
•
All materials and other intellectual property produced while working
under contract including, but not limited to, documents, presentations,
white papers, photographs and other media, will remain the property of
the REDD+
Taskforce and are required to be submitted to WG Coordinator for
archiving.
• This assignment will require extensive
communications with stakeholders from different locations and in
different circumstances and, with this in mind, it may be necessary to
accommodate some irregular working hours.
IV. EXPECTED RESULTS
No Deliverables Due Date
1
• Report on bilateral meeting between REDD+
Agency/UKP4 with National Land Agency (BPN) on the discussion of the
output of the assessment.
• Draft of Minister of Law and Human Rights Decree on the establishment of the team for the
finalization of the road map on legislation reform to improve forest and peat land governance.
•
Report on Parallel Discussion Forum “Aligning Indonesia’s
REDD+ Legal Framework with International Best Practices by Baker &
McKenzie and Cambridge University.”
• Draft MoU between REDD+ Agency and Riau and Aceh Provinces September 2014
2
• Develop the Terms of References on coordination
meeting between ministries/institutions to discuss the implementation of
the assessment’s action plan.
• Report on Minister
of Law and Human Rights Decree on the establishment of the team for the
finalization of the road map on
legislation reform to improve forest and peat land governance.
•
Develop the Terms of References on the finalization of the
road map on legislation reform to improve forest and peat land
governance (ministerial level).
October 2014
3
• Report on coordination meeting between
ministries/institutions held to discuss the implementation of the
assessment’s action plan.
• Report on bilateral
coordination meeting between UKP4/REDD+ Agency and Ministry of Law and
Human Rights to discuss the ToR of the finalization of the road map on
legislation reform to improve forest and peat land governance.
•
Develop the Term of References on focus group discussion to discuss the
bill of government regulation on land registration (amendment of
Government Regulation No. 24/1997 on Land Registration) November 2014
4
• Report on coordination meeting between
ministries/institutions held to discuss the implementation of the
assessment’s action plan.
•
Report on
coordination meeting of the finalization of the road map on legislation
reform to improve forest and peat land governance (ministerial level).
December 2014
5 • Report on progress of the implementation of the assessment’s action
plan.
• Develop the Terms of References on focus
group discussions to disseminate the assessment’s action plan to the
private sectors.
• Report on Socialization to
gather input from relevant ministries and institution for the bill of
government regulation on land registration (amendment of Government
Regulation No. 24/1997 on Land Registration).
January 2014
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